Overview

This bill aims to raise the minimum age for marriage and civil partnerships in England and Wales to 18, making child marriage illegal and introducing criminal penalties for those involved. It removes the possibility of parental or judicial consent for marriages or civil partnerships involving anyone under 18 and introduces child marriage protection orders.

Description

The bill makes several key changes to existing law:

• Minimum Age: It amends the Marriage Act 1949 and the Civil Partnership Act 2004 to declare any marriage or civil partnership involving someone under 18 void.
• Criminalization: It creates new offenses: aiding or abetting child marriage (up to 7 years imprisonment or a fine); and failing to protect a child from marriage (same penalties). Defenses are included for those who reasonably believed there was no risk or took reasonable steps to protect the child.
• Mandatory Reporting: Healthcare professionals, teachers, and social workers are mandated to report suspected child marriages to the police within two weeks of discovery.
• Child Marriage Protection Orders (CMPOs): The bill introduces CMPOs to protect children from forced or coerced marriages. These orders can include prohibitions, restrictions, or requirements, and can be applied for by the child, a designated third party, or even issued by the court without an application in certain circumstances. Powers of arrest can be attached to these orders if violence is used or threatened. These orders can also be varied or discharged.
• Victim Anonymity: The bill ensures the anonymity of child victims in publications, with exceptions for cases where it would prejudice a defense or unreasonably restrict reporting.

Government Spending

The bill's financial implications are not explicitly stated in the provided text. However, there will likely be costs associated with enforcement, including police investigations, prosecution of offenders, and support services for victims. There may also be costs associated with training for mandated reporters.

Groups Affected

• Children: The bill directly protects children from forced or coerced marriages by raising the minimum age and introducing CMPOs.
• Parents and Guardians: Parents and guardians who arrange or facilitate child marriages will face criminal prosecution. The bill clarifies that parental consent is no longer valid for marriages or civil partnerships involving children.
• Healthcare professionals, teachers, and social workers: These professionals have a legal duty to report suspected cases of child marriage.
• Religious leaders and community figures: Individuals involved in arranging or conducting child marriages may face criminal charges.
• Media outlets: Media outlets must abide by the provisions for protecting the anonymity of child victims in their reporting.
• The Judiciary and Legal System: The bill places additional responsibilities on courts to issue and enforce CMPOs.

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